DENR Now Accepting Public Comments on Wetland Standards Rules

N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years. An initial review will be completed during the next five years, and thereafter rules will be reviewed on a 10-year review cycle. The NC Department of Environment and Natural Resources’ rules are located by subchapters in Title 15A of the NC Administrative Code. The Department’s rules will be reviewed on a schedule established by the Rules Review Commission.

Public comment period is now open for the following rules under review. The public may provide comments by clicking on the following links:


15A NCAC 02B – Surface Water and Wetland Standards15A NCAC 02H – Procedures for Permits: Approvals15A NCAC 02T – Waste Not Discharged to Surface Waters15A NCAC 02U – Reclaimed Water

From each link, a list of subchapters under review are available on the left. Each subchapter is linked to a table that lists each rule by citation number, name, whether the rule implements or conforms to Federal Regulation and the agency’s initial determination. Clicking on the rule citation number will take the user to the rule itself.

Each row has a box that asks if the user agrees with the agency’s choice of category. Choose “yes” your comment will be recorded as agreeing. If you choose “no” a drop box will show other possible category choices for you to select. After choosing, you will be directed to a page that allows an opportunity to make a comment. In addition, there is another box allowing the user to make a public comment on the rule. An option to attach a document is also provided. Information regarding file size limitations are included. A public comment is defined as, a written comment objecting to the rule, in whole or in part, received by an agency from any member of the public, including an association or other organization representing the regulated community or other members of the public (G.S. 150B-21.3A(5)). In order for a comment to be considered by the Rules Review Commission, the comment must address the content of the rule.

The user may provide an affiliation in the boxes provided, although it is not required.

All comments submitted will be sent electronically to authorized staff.

The comment period for these subchapters concludes May 21, 2014.The Department is required to evaluate each of the existing rules and make an initial determination from one of these three classifications:

Necessary with substantive public interest – the agency has received public comment on the rule within the past two years or the rule affects the property interest of the regulated public, and the agency knows or suspects that any person may object to the rule.

Necessary without substantive public interest – the agency determines that the rule is needed, and the rule has not had public comment in the last two years. This category includes rules that identify information that is readily available to the public, such as an address or telephone number.

Unnecessary – the agency determines that the rule is obsolete, redundant or otherwise not needed.

Note: the purpose of these comments is for the Rules Review Commission to determine which rules must be READOPTED by DENR under the procedures established by recent regulatory reform legislation. The Rules Review Commission does not evaluate the rules for their content, except within limited parameters such as whether the agency has the authority to adopt the rule or whether the language of the rule is clear and unambiguous.

Comments may also be submitted by mailing to: DENR Rule Comments, 1601 Mail Service Center, Raleigh, NC 27699

If you would like to receive notices regarding rules undergoing rules review that are open for public comment, please subscribe to DENR’s mailing list by clicking on this link.

If you have any questions, please e-mail Lisa Martin ([email protected]) or Steven Webb ([email protected]) at the North Carolina Home Builders Association (NCHBA), or call 800-662-7129.

Source: NCHBA

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